San Francisco Citizen

Two-star(!) rated Dick Lee Pastry at 716 Jackson in Chinatown is getting spanked by City Attorney Dennis Herrera over wage theft issues today.

But first a word from our health department, which, you know, has employees who would like the City to require letter grades to be posted outside of every joint in town. You know, the way that San Diego, that Progressive bastion, does it. But our Golden Gate Restaurant Association said no so that’s that, no Department of Health letter grades posted at restaurants in the 415.

Check it:

Violation descriptions:

• 009 Rodents – Immediate Risk Each food facility shall be kept free of vermin: rodents, (rats, mice), cockroaches, flies.(114040)
• 014 No Water – An adequate, protected, pressurized, potable supply of hot water (120F) and cold water shall be provided at all times. (114095)
• 019 Shell Eggs – Maintain raw shall eggs at or below 45F (113995, 113997)
• 024 Ready-To-Eat-Food – Exposed to Possible Contamination from Raw Meats/Poultry/Fish/Eggs All food shall be manufactured, produced, prepared, packed, served so as to be pure, free from contamination, adulteration and spoilage. All food must be stored in an approved facility. Food shall be covered and stored as to be protected and kept free from contamination. Food shall be stored in approved containers and labeled as to contents. Food shall be stored at least 6” off the floor on approved shelving. (113980, 114010, 114020, 114080)
• 031 Improperly Cleaned/Not Maintained Clean -All utensils and equipment shall be clean, fully operative and in good repair. (114050, 114090)
• 033 Backflow/Back Siphonage -The potable water supply shall be protected with a backflow or back-siphonage protection device, as required by applicable plumbing codes. (114095)
• 045 Shellfish Tags/Records – Facility shall maintain tags/records from shellfish for a at least 90 days. (114003, Title 17, CCR)

I’ll tell you, small business owners who ignore one set of rules, tend to ignore other sets of rules, that’s been my experience.

Anyway, here’s the news, it goes on and on:

“Wage theft lawsuit seeks to recover $440K in back pay, interest for cheated workers

Dick Lee Pastry paid well below minimum wage, demanded long hours with no overtime, falsified payroll records, retaliated against workers

SAN FRANCISCO (July 12, 2011) — City Attorney Dennis Herrera today sued Dick Lee Pastry, Inc. and its owners and operators for violating state and local laws intended to ensure minimum wages, overtime compensation, and lawful competition by failing to pay more than $440,000 in wages plus interest to seven of their employees. The litigation comes as the result of an investigation by San Francisco’s Office of Labor Standards Enforcement under the direction of Division Manager Donna Levitt. Also named as defendants in the lawsuit are Peter Yu and Ada M. Chiu, who own the restaurant at 716 Jackson Street.

Herrera’s lawsuit, which was filed in San Francisco Superior Court today, seeks to recover compensation for the cheated workers that would include all unlawfully withheld wages, plus ten-percent interest, plus penalties of $50 per day for the duration of their employer’s wage violations. Herrera is additionally seeking penalties of $50 per day per employee as compensation to OLSE under San Francisco’s Minimum Wage Ordinance; potentially severe civil penalties under California’s Unfair Competition Law; and attorneys’ fees and costs associated with the action.

“Robbing employees of wages to which they’re entitled doesn’t just hurt working families — it also hurts honest businesses and their employees by corrupting a competitive marketplace,” said Dennis Herrera. “Dick Lee Pastry stands out even among the most egregious perpetrators of wage theft in San Francisco. They paid wages well below the legal minimum, demanded long hours with no overtime, instructed workers to lie to labor investigators, and retaliated against those who sought to protect their rights. I hope today’s lawsuit sends a strong message to other would-be wage cheats about the seriousness of our resolve to protect working men and women in San Francisco. I applaud the Office of Labor Standards Enforcement for their investigation of this case, and I’m grateful to the Chinese Progressive Association for their community outreach efforts.”

See you after the jump

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